Labor & Employment Law Update

In August 2023, the US Department of Labor (DOL) announced a proposed rule that became final last week, giving employees the ability to designate essentially any third-party as their “authorized representative” during OSHA workplace safety inspections --- even union reps and community organizers. This rule goes into effect on May 31, 2024. 

As legalization of cannabis has spread, profits have grown in the 25 states that allow for the retail sale of cannabis for recreational use, and labor unions have found great opportunity for getting a lift from the cannabis industry -- no pun intended.  Eight of those 25 states have passed legislation that encourage or even require cannabis industry employers to enter into labor peace agreements (LPA), often referred to as “neutrality agreements,” with labor unions, as a condition of obtaining or renewing a cultivation or dispensary license.

The National Labor Relations Board (NLRB) issued a controversial rule change to its longstanding “joint employer rule” in October of 2023, which dramatically lowered the thresholds by which a company could be deemed jointly liable and responsible under the National Labor Relations Act (NLRA) for another company’s unfair labor practices or collective bargaining obligations. In effect, the new rule could make unrelated, separate companies jointly responsible for violations of another employer under the NLRA.

The Illinois’ Genetic Information Privacy Act (“GIPA”) has been Illinois law for over twenty years. Yet, only in the last year or two has there been an explosion of lawsuits being filed against companies in various industries, all alleging violations of the statute. 

CAL/OSHA recently issued guidance on its Workplace Violence Prevention mandates that were created and implemented on September 30, 2023 when Governor Newsom signed Senate Bill 553 (SB 553) into law and which go into effect on July 1, 2024.

In a case filed in the Northern District of Illinois (Staffing Services Association of IL, et. al. vs. Jane Flanagan, Director of the IL Department of Labor), a federal district court granted plaintiffs’ request for injunctive relief thereby preventing the IL Department of Labor (IDOL) from enforcing a key provision contained in the 2023 amendments to the IL Day & Temporary Labor Services Act (IDTLSA). While the plaintiffs were not successful in their attempt to block other key sections of the amendments involving “notifying temporary workers of labor disputes” and “interested parties having standing to pursue private lawsuits on behalf of workers,” the court blocked the “equivalent benefits” piece to the “Equal Pay for Equal Work” section of the law.

The recently overhauled paid leave ordinances in Illinois include: Illinois Paid Leave For All Workers Act (effective January 1, 2024), Cook County Paid Leave (effective February 1, 2024) and the City of Chicago Paid Leave (effective July 1, 2024)/City of Chicago Sick Leave (amended) (effective July 1, 2024). Compliance is going to require more than an updated leave policy, so it is important to review your policies and practices to make sure you are compliant.

Join Sara Zorich and Beverly Alfon as they provide a timely webcast, where attendees will learn about this new law, how to ...

Conscientious objection in health care is the refusal of a health care professional to provide or participate in the delivery of a legal, medically appropriate health care service to a patient because of personal beliefs.  Federal conscience rights are contained in various federal statutes and regulations -- the Church Amendments, Section 45 of the Public Health Act, the Weldon Amendment, the Affordable Care Act and Medicare and Medicaid regulations – that collectively protect the right of health care providers to object to performing certain medical procedures if doing so would be contrary to the provider’s religious beliefs or moral convictions.

California’s equal pay data reporting law applies to private companies that have at least 100 employees nationwide on payroll and at least one California employee. The reporting deadline for the 2023 reporting year is May 8, 2024.

On Friday, February 9, 2024, Illinois’ General Assembly introduced legislation to eliminate the tip credit in Illinois by January 1, 2025. If passed, ALL Illinois employers will be required to pay ALL their employees at least the applicable minimum wage, including employees who earn or receive tips and gratuities. This would mean that Illinois employers would no longer be able to credit the tips and gratuities their tipped employees receive towards paying them minimum wage starting on January 1, 2025.